by Angela Langlotz | Dec 22, 2020 | Trademark Application, Trademark Infringement, Trademark Registration, Trademark Searches, Trademarks |
How close can I get to someone else’s trademark? Someone asked me that question this weekend and I am going to answer her question here. So here’s the question. I’ll read it. “I have a question regarding trademarking. I filed for a trademark...
by Angela Langlotz | Dec 15, 2020 | Trademark Infringement, Trademark Usage, Trademarks |
Case Study: Little Trees and Their Shape Trademarks Yesterday someone asked me a question about whether or not she could make air fresheners in the shape of a pine tree. The answer is no, because another company has a registered trademark for the shape of a pine tree...
by Angela Langlotz | Dec 8, 2020 | Trademark Registration, Trademark Searches, Trademarks |
Someone asked me yesterday, “When is the best time to register my trademark?” and the answer is generally, as soon as possible. If you know you’re going to be using a certain trademark, you’ll first want to get a trademark clearance search to...
by Angela Langlotz | Dec 1, 2020 | Trademark Infringement, Trademark Registration, Trademark Usage, Trademarks |
Does Spacing Between Words Affect Trademark Rights? If I trademark a business name, and fail to put a space between the words, for example HAPPYDAY vs HAPPY DAY, will both be registered? Does the spacing between the words of a trademark affect trademark rights? A...
by Angela Langlotz | Nov 24, 2020 | Trademark Infringement, Trademark Licensing, Trademark Usage, Trademarks |
Any time you do business with a third party, you need to have a written agreement, especially if it involves trademarks, copyrights or other intellectual property. I’m Angela Langlotz, trademark and copyright attorney. I’m going to spend the next three...
by Angela Langlotz | Nov 17, 2020 | Trademark Registration, Trademarks |
Merely Descriptive Case Study: Best Whisk! Sometimes “merely laudatory” — a subcategory of “merely descriptive” — trademarks are registrable. If the descriptive trademark has been in use long enough, such that it has acquired...
by Angela Langlotz | Nov 10, 2020 | Copyright Registration, Copyrights, Trademark Registration, Trademarks |
Your book might qualify for both copyright protection and trademark protection. Trademark and copyright protect different aspects of the book. A book has a creative aspect, in that the content of the book is written and laid out in a certain manner, using certain...
by Angela Langlotz | Nov 3, 2020 | Design Marks, Trademark Registration, Trademark Usage, Trademarks |
People are sometimes surprised to learn that a color can serve as a trademark. The Lanham Act — United States trademark law — says that any “device” that distinguishes a company’s goods or services can serve as a trademark. So yes, a...
by Angela Langlotz | Oct 27, 2020 | Trademark Application, Trademark Registration, Trademarks |
Do you have to trademark your company name and logo? Well, you don’t *have* to do anything you don’t want to do — it’s a free country, as we used to say in grade school — but if you want the exclusive right to use your company name as a...
![Is It Trademark Infringement If I Mention That My Course Is “How To Use [Famous Brand]?”](https://trademarkdoctor.net/wp-content/uploads/2020/10/NominativeFairUseTrademarks.jpg)
by Angela Langlotz | Oct 19, 2020 | Trademark Fair Use, Trademark Infringement, Trademark Usage, Trademarks |
No! There is a doctrine of “fair use” in trademark law called “nominative fair use” that allows for the use of someone else’s trademark to refer to that mark for purposes of mentioning the owner’s goods and services that are associated with the famous mark. This is...
